Thursday, November 01, 2012

Neighborhood says 'no' to political signs | WCNC.com Charlotte: HUNTERSVILLE, N.C. -- The Carrington Ridge neighborhood in Huntersville does not allow political signs to be placed in front yards. Still, there are some homeowners who still do it.Bena, who asked us not to use her last name, said she didn't know about that rule until the Home Owners Association sent her a letter Monday telling her to remove the Obama/Biden sign from her yard."As soon as I checked the mail, I drove around the circle, right by the HOA President's house and there was his Romney-Ryan sign in his yard," Bena said.She showed NBC Charlotte a photo she snapped during Trick or Treating on Halloween night that showed the sign still up at the HOA President's house.------------
The double standard lives on in Privatopia.

Please see:http://forum.freeadvice.com/us-supreme-court-constitution-25/hoa-political-presidential-sign-434780.html"In 2004, President Bush signed a bill preventing condominium and HOA associations from restricting displays of U.S. flags by homeowners in the associations. Many states followed this bill with both sign and flag laws of their own, prohibiting associations from banning flag and sign displays. Florida has a law specifically for the display of flags. I have not located a sign-specific Florida HOA court decision yet, however all states seem to rely on the Supreme Court's City of Ladue v. Gilleo decision. "And the NC General Statutes post next.

NC General Statutes, known as 47F, North Carolina Planned Community Act.http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_47f.html§ 47F‑3‑121. American and State flags and political sign displays.

Notwithstanding any provision in any declaration of covenants, no restriction on the use of land shall be construed to:(1) Regulate or prohibit the display of the flag of the United States or North Carolina, of a size no greater than four feet by six feet, which is displayed in accordance with or in a manner consistent with the patriotic customs set forth in 4 U.S.C. §§ 5‑10, as amended, governing the display and use of the flag of the United States unless:a. For restrictions registered prior to October 1, 2005, the restriction specifically uses the following terms:1. Flag of the United States of America;2. American flag;3. United States flag; or4. North Carolina flag.b. For restrictions registered on or after October 1, 2005, the restriction shall be written on the first page of the instrument or conveyance in print that is in boldface type, capital letters, and no smaller than the largest print used elsewhere in the instrument or conveyance. The restriction shall be construed to regulate or prohibit the display of the United States or North Carolina flag only if the restriction specifically states: "THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA".This subdivision shall apply to owners of property who display the flag of the United States or North Carolina on property owned exclusively by them and does not apply to common areas, easements, rights‑of‑way, or other areas owned by others.(2) Regulate or prohibit the indoor or outdoor display of a political sign by an association member on property owned exclusively by the member, unless:a. For restrictions registered prior to October 1, 2005, the restriction specifically uses the term "political signs".b. For restrictions registered on or after October 1, 2005, the restriction shall be written on the first page of the instrument or conveyance in print that is in boldface type, capital letters, and no smaller than the largest print used elsewhere in the instrument or conveyance. The restriction shall be construed to regulate or prohibit the display of political signs only if the restriction specifically states: "THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS".Even when display of a political sign is permitted under this subdivision, an association (i) may prohibit the display of political signs earlier than 45 days before the day of the election and later than seven days after an election day, and (ii) may regulate the size and number of political signs that may be placed on a member's property if the association's regulation is no more restrictive than any applicable city, town, or county ordinance that regulates the size and number of political signs on residential property. If the local government in which the property is located does not regulate the size and number of political signs on residential property, the association shall permit at least one political sign with the maximum dimensions of 24 inches by 24 inches on a member's property. For the purposes of this subdivision, "political sign" means a sign that attempts to influence the outcome of an election, including supporting or opposing an issue on the election ballot. This subdivision shall apply to owners of property who display political signs on property owned exclusively by them and does not apply to common areas, easements, rights‑of‑way, or other areas owned by others. (2005‑422, s. 8; 2006‑226, s. 15(b).)